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{
    "id": 627643,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/627643/?format=api",
    "text_counter": 191,
    "type": "speech",
    "speaker_name": "Hon. Bunyasi",
    "speaker_title": "",
    "speaker": {
        "id": 2511,
        "legal_name": "John Sakwa Bunyasi",
        "slug": "john-sakwa-bunyasi"
    },
    "content": "I need your protection, Hon. Speaker. One valuer sitting in Kisumu goes round to all places and has no notion of prevailing conditions. Another valuer may sit in Nanyuki and is in charge of the whole of North Eastern. They are very few and do not have a good grasp of the generally accepted standards for valuation. The term “just compensation” is vague. We need compensation that mimics market values. If we do not do that, there is essentially going to be a one-way determination of values, which will be by the public sector. The word “compensation” will be a misnomer since there can only be an acquisition. There are a number of other areas that I would like to focus on. Clause 18 in Part IV deals with the issue of rights once acquisition has occurred. In the ordinary exchange of goods and services, once you pay a just price, you take it over and it becomes yours. But as you read these paragraphs, it says that the land only belongs to you for a specific purpose. Once you say that, it will mean that once you no longer need it for that specific purpose, without it being explicit, it will revert to the owners. There is a mention somewhere in Clause 23 of reversionary interest. These are very explosive issues. Because they will apply far into the future, we can make all kinds of promises. If you look at the lands that have completed their 99-year lease, for example, and have reverted back to the community, the purpose for which they were intended is perhaps no longer realisable. It is true in the sugarcane-growing areas particularly in the Nyando Basin, but it is also true in tea-growing areas and in many other areas around the country including conservancies that were talked about earlier. Are we really serious that communities will have the first right of recall on reacquiring this? That will be what is implied in the definition of “reversionary interest”. We need to make this quite explicit in full realisation of the implications of these kinds of provisions in this law. The problem I have with this law is that it is vague in many ways because after all, the critical points will be crossed in the future. We still need a substantive amount of work and a The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}